In the latest of a series of changes to the county’s current cannabis regulations, the deadline for this year’s urgency cultivation ordinance was abruptly changed last week after the Board of Supervisors announced a settlement to resolve the Mendocino County Blacktail Association’s lawsuit over the urgency ordinance’s environmental impacts. As of now, the Sheriff’s Department will no longer accept applications for the urgency cultivation program, but those growing 25 plants or less can still fill out a voluntary registration with the Ag Department until July 18.

During the June 21 Board of Supervisors meeting, supervisors announced the agreement, which moved up the deadline to apply from July 18 to June 22 – just over 24 hours later – and almost a month sooner than the 60 days initially allotted in the ordinance. Although the urgency ordinance was intended to increase environmental protections, the suit alleged supervisors should have undertaken a full environmental review.

The emailed announcement went out from the county’s executive office and sheriff’s department on the afternoon of June 21, resulting in flurry of emails from local advocacy groups, lawyers bombarded with questions, and long lines outside the Sheriff’s department. After 5 p.m. that day, 342 total applications were received – over 200 that day alone – with many local cultivators unaware of the change until too late and so now left out of the program for this year. Anyone who did not submit an application will be limited to 25 plants or under until a permanent county ordinance is developed.

Now, more than a week later, Undersheriff Randy Johnson, who will be administering this year’s zip-tie and exemption program, said the department hasn’t stopped receiving calls from hopeful applicants who haven’t heard about the settlement. Emphasizing his department was not involved with the settlement, Johnson said they had notified as many people as possible, including local advocacy groups and attorneys, with 24 hours notice, but some didn’t get the message.

“There’s a lot of people who aren’t on any of those lists, who are on vacation or out of town,” he noted. “We got a call from someone the other day who lives way out in the hills, where his email and phone doesn’t work, and who was in the previous 9.31 program before. He knew the rules, but he hadn’t heard about the deadline change.”

Johnson said other people had been waiting to put plants in the ground until the program rules were clarified, and so even if they submitted applications they are now scrambling to prepare for inspections. He noted others may have waited to apply “because that’s their nature,” but that “this year it cost them.” During a series of meetings about the urgency ordinance, cultivators considering applying to the program were told information submitted could be used in criminal prosecutions, and so some may have waited to apply while determining what to submit.

The exemption program is specifically for those seeking to grow more than 25 plants, and Johnson estimated the largest number of applications were from those seeking the largest amount of cultivation permitted, which is 99 plants or 9,900 square feet on parcels 10 acres or larger.

Johnson explained he was now expediting efforts to certify third party inspectors, which had not been as urgent prior to the settlement, and anticipated between 8 – 10 to be certified. All applicants will be required to first undergo an inspection by one of two Sheriff’s inspectors, and then submit to between two and three follow-up inspections by third parties.

Johnson said he was in the process of reviewing applications, and planned to interview a second potential Sheriff’s inspector on Thursday. The other departmental inspector will return from vacation next week, and Johnson and staff will begin scheduling initial inspections immediately.

Once applicants are approved for the initial inspection, they will be allowed to purchase zip-ties and receive a cultivation permit number. As third party inspectors are certified, their names will be posted on the department’s website and sent out over the program email list.

Johnson noted that anyone growing 25 or fewer plants should not be facing enforcement actions unless they are implication in multiple cultivation sites, illegal sales, or other criminal activities. However, he noted cultivators could still purchase zip-ties and register with the agricultural department to receive proof of prior cultivation and priority processing in next year’s program.

Johnson also said he had been informed

Ag Department voluntary registration

For those seeking to demonstrate their willingness to comply with new regulations, the Agriculture Department’s voluntary registration form is still available until July 18 for those growing 25 plants or less, although it is not required to be in compliance with the county. Originally developed to help county staff gauge interest in a cultivation permit program, the registration also provides proof of prior cultivation and priority processing in next year’s program for the person applying.

Department Commissioner Chuck Morse said the names of registrants will also be provided to the Sheriff’s department this year to ensure enforcement teams won’t be targeting applicants if they aren’t in violation of other regulations. “Hopefully the concept is to afford a little protection” and be efficient with enforcement resources, he explained, “we don’t want them subjected to a mistake in enforcement actions.”

On Wednesday, Morse said he received somewhere between 50 and 100 applications so far, but anticipated a rush before the July deadline. He stated he had spoken to a number of people who planned to also purchase zip-ties with the Sheriff’s Department to demonstrate an additional level of willingness to comply.

Morse said applications can be submitted electronically and applicants will receive a email notice certifying their form has been received. He also stated the department is working on developing education and outreach materials in anticipation of increased pesticide regulations and testing requirements on both the county and state level next year, but added no current cultivators had applied for an operator ID number for pesticide use this year.

Permanent Ordinance and upcoming events

The next meeting concerning the county’s permanent cultivation ordinance will take place as a special session on July 8 as part of the General Government Standing Committee. Morse said the plan is to bring something before the full board of supervisors at the July 8 meeting, to either approve then or during the following full Board session. The ordinance will then undergo public comment period and environmental review for proposed zoning changes.

County staff are hoping to finalize both sets of ordinances, including required public comment and environmental review processes, before summer of next year.

Morse said the permanent ordinance as currently discussed would include cultivation and nurseries, and another ordinance is being drafted to be finalized in the fall to address the full range of cannabis business licenses that will be authorized on a state level. “We’re trying to get the cultivators aligned with MMRSA [state requirements] as much as we can,” said Morse, pointing out there will be issues with pesticide and testing requirements, transportation, and other infrastructure challenges until the state finalizes some of its regulations over the next two years. The Ag department will be administering future cultivation regulations, while other departments will oversee other types of business licenses.

Meanwhile, supervisors approved a permit for the county’s first annual Cannabis Country Fair, which takes place July 8 – 9 at Black Oak Ranch outside Laytonville. The Fair was originally turned down by the Boonville County Fairgrounds due to board member concern over federal regulations, but has worked with the Sheriff Department to provide both family friendly and a “215 area” during the two-day, overnight event. The Country Fair will feature expert panels, workshops, vendors, musical acts, and camping.

North Coast Assemblyman Jim Wood’s statewide cannabis tax proposal, AB 2243, also advanced in the legislature, with amendments allocating 8 percent of collected revenue to the Williamson Act, which reduces the tax burden for agricultural properties. How the Williamson Act will be affected by the new statewide definition of cannabis cultivation as agriculture has been an ongoing concern in Mendocino and other rural California counties. The bill now advances to the Senate Appropriations Committee.

More information about the Cannabis Country Fair is available at http://www.cannabiscountryfair.net/. The County’s General Government Committee meetings are broadcast live on the county’s youtube page, and more information can be found on the county’s website. Those interested in joining the Sheriff’s Department marijuana email list can send an email to MCSO-Marijuana@co.mendocino.ca.us.